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42 U.S.C. § 1396kAssignment, enforcement, and collection of rights of payments for medical care; establishment of procedures pursuant to State plan; amounts retained by State

submitted 91 years ago by Pub. L. 95-142 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 494 words · no verdicts yet

in plain englishAI-generated · not legal advice

A State medical-assistance plan must require certain eligible people to assign rights to medical support and third-party medical payments to the State and to cooperate in establishing parentage and collecting those payments, subject to exceptions. The State must coordinate enforcement and may keep enough collected money to reimburse medical assistance costs, with the proper Federal reimbursement, and must pay the rest to the individual.

(a) To help collect medical-support payments and other medical-care payments owed to people receiving medical assistance under an approved State plan, the plan must: (1) make eligibility for a person who has legal capacity to make an assignment conditional on the person doing the following: (A) assigning to the State the person’s rights, and the rights of any other person eligible for medical assistance under this subchapter for whom the person has legal authority to assign rights, to support identified by a court or administrative order as support for medical care and to payment for medical care from any third party; (B) cooperating with the State in establishing the parentage of that other person if the person is a child born out of wedlock, and in obtaining support and payments described in subparagraph (A) for the individual and that other person. The person need not cooperate if the individual is described in section 1396a(l)(1)(A) of this title or if the State agency finds good cause for refusing to cooperate under standards set by the Secretary. Those standards must consider the best interests of the people involved; and (C) cooperating with the State in identifying any third party that may be liable to pay for care and services available under the plan and giving information to help the State pursue that third party. The person need not cooperate if the State agency finds good cause under standards set by the Secretary, which must consider the best interests of the people involved; and (2) provide for cooperative arrangements, including financial arrangements, with appropriate agencies of any State. For enforcing and collecting medical-care payment rights by or through a parent, this includes an agency established or designated under section 654(3) of this title. The plan must also provide for arrangements with appropriate courts and law-enforcement officials. These arrangements must help the agency or agencies administering the plan with enforcing and collecting rights to support or payment assigned under this section and with other matters of common concern. (b) The State may keep the part of money collected under an assignment that is needed to repay the medical assistance paid for the individual connected with the assignment. The State must properly repay the Federal Government for its share of financing that assistance. The State must pay the rest of the collected money to that individual. This section does not define “good cause” or “third party.”
the actual law source: uscode.house.gov ↗public domain
(a)

For the purpose of assisting in the collection of medical support payments and other payments for medical care owed to recipients of medical assistance under the State plan approved under this subchapter, a State plan for medical assistance shall—

(1)

provide that, as a condition of eligibility for medical assistance under the State plan to an individual who has the legal capacity to execute an assignment for himself, the individual is required—

(A)

to assign the State any rights, of the individual or of any other person who is eligible for medical assistance under this subchapter and on whose behalf the individual has the legal authority to execute an assignment of such rights, to support (specified as support for the purpose of medical care by a court or administrative order) and to payment for medical care from any third party;

(B)

to cooperate with the State (i) in establishing the paternity of such person (referred to in subparagraph (A)) if the person is a child born out of wedlock, and (ii) in obtaining support and payments (described in subparagraph (A)) for himself and for such person, unless (in either case) the individual is described in section 1396a(l)(1)(A) of this title or the individual is found to have good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; and

(C)

to cooperate with the State in identifying, and providing information to assist the State in pursuing, any third party who may be liable to pay for care and services available under the plan, unless such individual has good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; and

(2)

provide for entering into cooperative arrangements (including financial arrangements), with any appropriate agency of any State (including, with respect to the enforcement and collection of rights of payment for medical care by or through a parent, with a State’s agency established or designated under section 654(3) of this title) and with appropriate courts and law enforcement officials, to assist the agency or agencies administering the State plan with respect to (A) the enforcement and collection of rights to support or payment assigned under this section and (B) any other matters of common concern.

(b)

Such part of any amount collected by the State under an assignment made under the provisions of this section shall be retained by the State as is necessary to reimburse it for medical assistance payments made on behalf of an individual with respect to whom such assignment was executed (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing of such medical assistance), and the remainder of such amount collected shall be paid to such individual.

Source credit: (Aug. 14, 1935, ch. 531, title XIX, § 1912, as added Pub. L. 95–142, § 11(b), Oct. 25, 1977, 91 Stat. 1196; amended Pub. L. 98–369, div. B, title III, § 2367(b), July 18, 1984, 98 Stat. 1109; Pub. L. 99–272, title IX, § 9503(e), Apr. 7, 1986, 100 Stat. 207; Pub. L. 101–508, title IV, § 4606(a), Nov. 5, 1990, 104 Stat. 1388–170; Pub. L. 113–67, div. A, title II, § 202(b)(2), Dec. 26, 2013, 127 Stat. 1177; Pub. L. 115–123, div. E, title XII, § 53102(b)(1), Feb. 9, 2018, 132 Stat. 298.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 95-142 · 91 Stat. 1196
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1109
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 207
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 2013Amended · Pub. L. 113-67 · 127 Stat. 1177
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 298

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-142 on 1935-08-14.

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